Weems v. Montgomery’s Empirical Analysis
2004
Citation profile
23 state decisions
Relationships
Relies on King General Contractors, Inc. v. Reorganized Church of Jesus Christ of Latter Day Saints · Tietjens v. General Motors Corporation · Clark v. Olson · Koger v. Hartford Life Insurance Co. · Hyatt Corp. v. Occidental Fire & Casualty Co. of N.C.
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“While a trial court is not permitted to review matters outside the pleadings in ruling on a motion to dismiss, its hands are not entirely tied in this respect. Missouri Supreme Court Rule 55.27(a) allows trial courts to treat a motion to dismiss for failure to state a claim as a motion for summary judgment when the moving party includes matters outside the petition for the court’s consideration. While the language of the Rule limits this “conversion” to motions to dismiss for failure to state a claim upon which relief can be granted, our courts have also endorsed converting a motion to dismiss into a motion for summary judgment when the motion to dismiss is based on an affirmative defense. Before a trial court may treat a motion to dismiss as a motion for summary judgment, however, it must notify the parties that it is going to do so and give the parties an opportunity to present all materials pertinent to a motion for summary judgment.”
1 later decision quote this exact passage“If, on a motion asserting the defense numbered (6) to dismiss for failure of the pleading to state a claim upon which relief can be granted, matters outside the pleadings are presented to and not excluded by the court, the motion shall be treated as one for summary judgment and disposed of as provided in Rule 74.04. All parties shall be given reasonable opportunity to present all material made pertinent to such a motion by Rule 74.04.”
1 later decision quote this exact passage“We review de novo the grant of a motion to dismiss, examining the pleadings to determine whether they invoke principles of substantive law.”
1 later decision quote this exact passagee.g. Fuller v. Partee
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.